On March 10, 2015, Jacobs Vehicle Systems, Inc. of Bloomfield, Connecticut ("JVS") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that FCA US LLC of Auburn Hills, Michigan; FCA México, S.A. de C.V. of Mexico; Santa-Società Automobilistica Tecnologie Avanzate S.p.A. of Italy; Fiat Automobili Srbija Doo of Serbia; and Fiat Chrysler Automobiles N.V. of the United Kingdom (collectively, the "Proposed Respondents") unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain variable valve actuation ("VVA") devices and automobiles containing the same that infringe one or more claims of U.S. Patent Nos. 5,829,397 (the '397 patent), 6,474,277 (the '277 patent), 6,883,492 (the '492 patent), 7,059,282 (the '282 patent), 8,776,738 (the '738 patent), and 8,820,276 (the '276 patent) (collectively, the "asserted patents").
According to the complaint, the asserted patents generally relate to VVA, otherwise known as electrohydraulic variable lost motion valve actuation. In particular, the '397 patent relates to a system and method of adjusting engine valve timing and lift. The '277 patent relates to the control of valve seating velocity. The '492, '282, '738, and '276 patents relate to a VVA system that controls the operation of at least one engine valve.
In the complaint, JVS states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to the Jeep Renegade and various Fiat 500 models that contain MultiAir VVA engines as infringing products.
Regarding domestic industry, JVS states that its MX13 engine brake product, Super Truck VVA/Braking prototype, and Light Duty VVA prototype practice various claims of the asserted patents. JVS further states that it has made and continues to make significant investments in U.S. facilities, equipment, labor, and capital dedicated to manufacturing, quality control, research, development, engineering (including material, product, field application, and sales engineering), and design of domestic industry articles, as well as attempted licensing of the asserted patents. JVS specifically refers to its facility in Connecticut where it manufactures the MX13 product and where it designs and tests VVA systems.
As to related litigation, JVS states that the asserted patents are currently being litigated against FCA US LLC in the U.S. District Court for the District of Connecticut.
With respect to potential remedy, JVS requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at the Proposed Respondents.